Dharmesh Panchal
Dear Sir,
We are having 16 flats in our building of which 8 are 2BHK, & 8 are 1BHK. Now we plan to cover the terrace with tin shed, for which we decided to make contribution as per the Area of the flat, to which the 2BHK persons are opposing and demand that the Contribution has to be equal as this is a common area.
Kindly clarify on legal view.
I C Naik
This is a onetime contribution towards acquiring a capital Asset and a change in approved building plan, presuming with prior approval of authorities approving the original building plan prior to construction.
There is legal provision for apportioning contribution of this nature, so it is to be decided by majority view of the members. If one were to look for some rationale for such capital out lay we need to justify it. In any case BMC would also ask for justification.
This justification should throw hints as to the kind of benefit it will offer to members. Whether members having higher carpet area in the building will have proportionately higher opportunity to benefit from this capital outlay and if the answer is yes, the basis should be area of the flats.
If we take the view that this outlay is akin to the “Building Repair Fund” in which members contribute at percentage of costs of flat, the same can also be agreed to in the general body meeting. As a matter of fact the decision to spend and collect is two sides of the same coin and must not be taken separately.
